Softlanding Systems, Inc v KDP Software Ltd & Anor

Softlanding Systems, Inc v KDP Software Ltd & Anor

SoftLanding/Unicom's claim fails because the 1995 agreement expired and any ongoing relationship was governed by implied terms, not entitling them to source code or ownership. KDP did not breach its obligations; SoftLanding/Unicom materially breached their obligations by unauthorised sublicensing, failing to account for royalties, and misleading the court. The interim injunction is discharged for material non-disclosure. KDP's counterclaim for copyright infringement and breach of contract succeeds, with damages to be assessed.

Parties
Claimant: SoftLanding Systems, Inc; Defendant: KDP Software Limited; Third Party: Unicom Systems, Inc
Jurisdiction
England and Wales
Judgment Date
26 February 2010
Procedural Posture
Commercial/technology and Construction Court / Final Judgment on Liability, With Quantum Reserved for Later Hearing
Outcome
Claim dismissed; counterclaim allowed; injunction discharged; damages to be assessed.
Legal Topics
Breach of Contract, Copyright Infringement, Software Licensing, Assignment of Rights, Injunctions, Disclosure Obligations, Remedies for Infringement
Contract Law Intellectual Property Law Commercial Law Breach of Contract Copyright Infringement Software Licensing Assignment of Rights Injunctions +2 more

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Parties

SoftLanding Systems, Inc

Claimant

KDP Software Limited

Defendant

Unicom Systems, Inc

Third Party

Procedural Posture

Commercial/technology and Construction Court / Final Judgment on Liability, With Quantum Reserved for Later Hearing

Legal Issues

  1. 1 Whether KDP breached contract or copyright obligations to SoftLanding and/or Unicom
  2. 2 Whether SoftLanding and/or Unicom were entitled to source code or ownership of software
  3. 3 Whether SoftLanding and/or Unicom infringed KDP's copyright by unauthorised licensing or sublicensing

Ratio Decidendi

SoftLanding/Unicom's claim fails because the 1995 agreement expired and any ongoing relationship was governed by implied terms, not entitling them to source code or ownership. KDP did not breach its obligations; SoftLanding/Unicom materially breached their obligations by unauthorised sublicensing, failing to account for royalties, and misleading the court. The interim injunction is discharged for material non-disclosure. KDP's counterclaim for copyright infringement and breach of contract succeeds, with damages to be assessed.

Court Disposition

Claim dismissed; counterclaim allowed; injunction discharged; damages to be assessed.

Orders

  • SoftLanding/Unicom's claim dismissed in its entirety.
  • Interim injunction discharged under CPR 3.1(7).